security and management problems in the state department. what changes now? a teacher who tried to save her students and three first graders will be buried in newtown today as president obama prepares to tackle gun control with a new announcement. gun sales up, gun stocks way down. more investors turning away from them in the aftermath of the newtown shootings, a sign there is growing support maybe for stricter gun laws. a huge winter storm hits the middle part of the country, then heads east. talking snow, big winds. we'll track the storm for you, coming up. our guests this morning include maryland congressman chris van hollen, rick scott, christiane amanpour, tom cole, and newly named senator tim scott and brad garrett will join us. wednesday, december 19th. "starting point" begins right now.

welcome back, everybody. our "starting point" is the state department. now blasted for systemic failures that led to the deadly september 11th attack on the u.s. consulate in benghazi. an independent review board determining that security at the physician facility grossly inadequate that leaders in washington ignored repeated requests to add personnel there and after the tragedy that claimed four american lives, there was a lack of transparency, responsiveness, and leadership at the senior levels in libya, and in washington, d.c. our foreign affairs reporter elise lab bot live in washington this morning. what happens next after this report? >> well, soledad, the panel made about 29 recommendations for the state department to get working on. let me go over a few of them quickly. first of them is to strengthen security personnel for the high-threat post. one problem, the consulate relied on temporary, inexperienced staff and local militias not up to the task.

they called for tighter securities at facilities and upgrades. a review of fire safety procedures. smoke inhalation killed ambassador stevens and sean smith. and in-depth checks of the threat environment. a big criticism, the state department failed to recognize the deter yoreating security situation, even in the face of other attacks leading up to 9/11 and congressional support for resources. shrinking budgets for security was cited here as a major problem. secretary of state hillary clinton sent a letter to congress with the report, saying the department will do its part to implement some of these recommendations. already working on them. congress has to support them, soledad. >> lots of questions in the wake of this horrible thing that there was a coverup, and people pointing different fingers at different people, but looking at the white house specifically. does the report go into that at all? >> not really at all.

i mean, basically i think one of the things that happened, there has been so much politicization of this attack and these so-called talking points and ambassador susan rice and whether she said there was a protest or not. the report found no protest leading up to the attack, but it really kind of is the first kind of sober look at what happened, the breakdowns in security and intelligence that led to an attack and it goes through an exkrushiating detail what happened that night, but really nothing about the aftermath and the politicization of it. >> so there will be a hearing now. what happens then? >> well, closed door briefings start today. classified briefings by ambassador tom pickering and admiral mike mullen who led the report. they will have a briefing with members of congress about the classified findings, and then tomorrow, secretary of state clinton's deputies, dent secretary bill burns will testify in her stead, she is out

for a few weeks because of illness, but i think they will get very tough questions about the poor leadership that some of these bureaus at the state department were exercising. >> looks ridiculous. awful, and terrible, terrible fallout from that. elise labott, appreciate that. let's turn back to the tragedy in newtown, connecticut. four more funerals scheduled today. vicky societo will be laid to r, and three children. daniel barden, caroline previdi. students will not return until after winter break at sandy hook. they are talking about bringing them back, and it's not possible to do. and many parents supported that as well. they will be moving when they open the school to a completely

different area, different school. sandra endohas that, good morning. >> good morning, soledad. a lot of students and parents we spoke to say the first day of school was anything but a regular day, despite the goal no make sure students in huetown return return to a sense of normalcy. a lot say there were somber moments in the classrooms yesterday, as well as emotions running high and a lot of kids said police officers, grief counselors and comfort dogs to help kids adjust. they say that most of the day was spent by faculty talking to the kids about what happened and also dealing with their feelings. of course, again, the grief is just gripping this community. four more funerals today. three first graders and one heroic teacher will be laid to rest. as you mentioned, 6-year-old caroline prcar

preividi, 6-year-old danell barden, and teacher vickie soto. there will be a tribute to newtown by neighboring community. neighboring residents will be coming together with elected officials, they say in honor of the victims of this tragedy and they say it will be an uplifting event to try and raise the spare ritz of this town. soledad. >> sandra endofor us, thank you, sandra. i don't know how people bury children. how do you bury a 6-year-old, 7-year-old? it breaks your heart. the tragedy has the white house taking some of its first steps toward tougher gun laws and it comes as the nra is speaking out for the first time since the tragedy. dan lothian at the white house this morning. let's start with the white house before we get to what the nra is saying. what's the latest there? >> good morning, the latest development is later this morning, the president will announce he's tapping vice president biden to head up an interagency effort to try and come up with policies in order to address gun violence. the president will be making

announcement in the white house briefing room. he will be joined by vice president biden. we are told by white house aides that this will be more about the process, rather than laying out any policies, but nonetheless this comes one day after the white house started getting a bit more specific about what the president would support. such as senator feinstein's effort to reinstate that ban on assault weapons. also measures that would address the issue of mental health. all of this coming as the white house has been getting a lot more pressure to come up with some action points in the wake of the massive shooting. >> it seems to me that the nra is also feeling the pressure to come up with some action points in the wake of the shooting as well. haven't been clear on what they will do. but they have promised an announcement, right? >> that's right. first of all, they have been relatively silent throughout the debate and came out with a statement yesterday, saying their membership was shocked and horrified by what took place, and they are also planning this

press conference, which will take place on friday. they are calling this a major press conference, so we'll wait to find out what the details are as they roll out what potentially they could add to this debate to prevent another mass shooting. >> dan lothian, thank you. appreciate the update. john berman with a look at stories making news today. good morning. >> weather to worry about right now. holiday travelers, be ware. a massive winter storm from colorado to upper great lakes, expected to cause dangerous blizzard or near-blizzard conditions. cold and stormy in the northwest. alexandra steele at the weather center, give us the lowdown. >> john we have severe weather and also all of the snow. and here is a look. we'll watch this winter storm kind of dole out snow as it rolls out. it will move today. this morning, we'll see snow start in denver, colorado. winding down, 1 to 3 inches, but then denver, colorado, omaha, kansas and then as we head from

tonight into tomorrow, we'll move it in through iowa and into nebraska, and then to the upper midwest. 6 to 12 inches in omaha, in des moines, 6 to 12 inches of snow. 50-mile-per-hour wind gusts, blizzard warnings there. the models pretty consistent. guidance, we head through tonight, watching the snow push eastward. compact, narrow line of snow with an incredible amount of wind. a very powerful system. in the next two days, we'll watch it move from colorado to the upper midwest, again, dolling out snow and a lot of wind as well. >> we'll watch. alexandra, thank you so much. 13 days until we reach the fiscal cliff. some sign president obama and john boehner inching closer to a deal, the speaker is attempting an end runaround the white house, calling it plan "b," trying to get the republican-controlled house to pass his plan for tax hikes on

families that make $1 million and up it will also add spending cuts to military and domestic programs. the white house rejecteded this. the president proposes tax increases on incomes $400,000 and up and $930 billion cut in spending. rescue and recovery workers that labored in the world trade center at 9/11 have a higher risk of prostate and think reside cancers and multiple myeloma. no increase for others near the site. the study extensive, looking at nearly 56,000 people from 2003 to 2008. the woman at the center of the sex scandal that brought down david petraeus will not face cyber stalking charges. the fbi learned that petraeus' affair with broad well after finding out she sent harassing e-mails to jill kelley warning her to stay away from him.

that story feels like so long ago. >> sure does. let's get to christine. an update on what's happening businesswise. gun sales are up, gun stocks are down. shares of smith & wesson down 19%, and stearb and rugger, down 15% in the same period. even cabela's which sells guns, also down. look at the stocks from the beginning of the year. smith & wesson up 78%. stearb and rugger up 28%. the fastest part of the sales? the black guns, military style weapons and bushmaster, maker of the ar-15, a quarter billion in profit for the company last year. so gun sales up, gun stocks are down, investors taking a hard look at the industry and wondering if there is any new restrictions that could hurt the

rich profit margins. u.s. stock futures up. a big rally, dow up triple digits, and on track for one of the best years ever. washington inching closer to the fiscal cliff. fitch could downgrade the credit rating of the u.s. biggest risk to the world economy is the fiscal cliff. >> i'm not going to say what i was going to say about my fine elected leaders in washington. they need to get their act together and pronto. still ahead, we'll talk about the president and raising taxes on people making $250,000 or more. remember that was originally on the table. the number up to $400,000, maybe to milwaukee a deal on the fiscal cliff. and we'll talk to chris van hollen, a member of the budget committee, coming up next. her 6-year-old son inside the school when a gunman started firing on children. we'll talk to a woman whose best

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welcome back, everybody. with the nation's attention elsewhere the past few days, the fiscal cliff skid, it has not stopped. john boehner offering plan "b," raising taxes on those making more than $1 million. the president raised his threshold for those making more than $400,000. we want to get to chris van hollen, ranking member of the house budget committee. nice to see you, thank you for talking with us. >> soledad, good to see you. >> thank you. >> two things i want to talk about. the 400,000 number, an increase of what the president had on the table and i want to talk about

the changed cpi. walk me through in layman's terms what is chained cpi. >> chained cpi is a change in the way you calculate the cost of living index for people on social security. there are lots of economists who say that it's not currently an accurate measure. and they have proposed to going to chained cpi, when the price of beef goes up, people may switch to chicken. in technical terms, that's what it is, soledad. it would mean people on social security get less of an increase as a result of this. each year. a particularly bad affect on people as they get older, on social security, which is why i have serious reservations about this proposal. at the very least, we need to correct these kinds of effects it has on low-income people. but it's a sign that the president is willing to accept some of the demands from house

republicans. i don't like it, i'm reserving judgment on the final package, but this was one of the demands that speaker boehner made. >> people have said social security would not be on the table. kind of creative math in my estimation. but changing social security. it looks like somebody who is 65-year-old woman would over time, by age 90, lose 8% of her benefits. losing money from social security benefits. it can't be read any other way than that, correct? >> reduction in the currently projected benefit would be. and as you indicated, it gets especially hurtful for very old people, which is why it would be absolutely necessary to include a bumpup, to correct for that effect for people who are older if you decided to go down this road at all which is one that, again, republicans have demanded of the president. >> and if the president caves on it, then the president will be putting on the table, right?

not necessarily demanded of the president. the president is coming up with this part of the plan. >> as you indicated in the lead in, soledad. we're trying to avoid the fiscal cliff. and the president is bending over backward to do it. he obviously adjusted his number in terms of taxes from 250,000 and up to $400,000 and up. this is a chained cpi is something speaker boehner and the republicans demanded. everybody says let's avoid going over the fiscal cliff. this is one of the demands that the republicans have made. i don't like it. don't think the president prefers it. i know he doesn't. but everyone is trying to find a way to get to it except our republican colleagues. even after the president put this on the table, they decided to walk away with plan "b." >> the republicans say they may have a vote on plan "b" on thursday. it would raise taxes for those

making $1 million and above. what does this mean? >> this is another effort by speaker boehner to minimize the impact on high-income earners, plan "b" would give millionaires a $24,000 tax break, relative to what the president is proposing now at $400,000. another way to provide benefits and relief to very high-income individuals, and by leaving the cuts in place, it would mean that working americans, our kids' education, programs for nutrition, for moms and kids, would take a big hit, even as they continue to protect the tax breaks for high-income individuals. and so as the president has indicated, it's not the way we'll go. in the senate, they have been clear that that's not happening, not going to adopt a republican plan designed to, again, protect very wealthy people at the expense of the rest of the country. >> let me ask you a question. as an elected official, and i know you like to blame the

republicans, at the end of the day, the president ran on rates $250,000 and up and now he's put $400,000 on. and that's stepping away from something he ran on, and polls support that people support that $250,000. that chained cpi, very upsetting democrats to have a change on that. some have run on that as well. are you concerned that the backlash for you will be strong? that's two big promises that seem to be broken by the democrats? >> soledad, i don't like these particular changes. as you indicated, the president made clear his preference was asking people with $250,000 of income and up to pay the higher rate. he is now in response to republican demands moved that. i mean, i would say this is an indication of how far the president is willing to go. to meet some of the demands in order to avoid going over the fiscal cliff. the president has reduced the amount of revenue he's asked for

from 1$1.6 trillion to 1.$1.2 trillion he has cuts on the table, including interest savings of 1$1.2 trillion on to of a trillion cuts that we did as part of the budget control act. what people are seeing is the president willing to compromise in order to get things done and even as he tries to compromise, you have speaker boehner leaving the negotiating table and trying to do this plan "b," designed to benefit very wealthy americans at the expense of the rest of the country. even as the president has been moving -- >> your republican colleagues would say, sir, there are spending cuts that could be made that are not being made. >> but, again, the president has significantly increased soledad, his spending cut number on top of the trillion already been made. as you indicated, things like the chained cpi which republicans have demanded this things that people like me don't want to do and don't like it.

you have to make adjustments if you even went down that road to protect the people you're talking about. seniors and lower income individuals. this is an indication of how far the president has been willing to go to try and meet republicans halfway and then they run away from the negotiating table and try this other thing, because speaker boehner is not able to get the very extreme tea party members of his caucus to go along. people out of mainstream are running the show and dictating terms in the house of representatives. >> sounds like you are saying we're going over the fiscal cliff. >> well, we're trying not to. >> we have to take a short break. when we come back, we'll tell you the story of ben wheeler, one of the 6 year olds whose life was taken during the newtown shooting. we talk with a family friend who remembers this little boy and talks about whether the town of newtown will ever be able to fully heal. that straight ahead.

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ben wheeler was one of the 20 children shot and killed in

the sandy hill school massacre. a family friend who brought the wheelers out to newtown because she loved it so much remembers a little boy who played with her son. >> ben was funny. funny, irrepressable child. i loved the -- that he and my son and the brother, just so rambunctious. their laughter rang through this house. absolutely rang through this house. they would sit here watching tv together and ben would change the voices of what they were listening to on tv and replace it with some appropriate 6-year-old term. they are singing follow the flashing light and ben will say

something like follow the faschifas flashing butt. 6-year-old stuff. would you hear them in here cracking up over things that ben was doing. i loved hearing them laugh. you know, sometimes we say that ben was smarter than all of us. he was smarter than all of us. very aware of what was going on. >> i can't imagine how a parent buries a child. honestly, i can't wrap my head around it, and a read eulogy around there one of the moms, just beautiful, but awful because it was so sad. how will your dear friend do this? when she has to bury her friefr is 6? >> soledad, you can't ask a how. we won't know. we won't know until that absolute day when these things have to happen.

we are just taking it day by day, so if you try to conceive of the how, we aren't going to get there, okay? that's just the way it is. >> do you think this town ever hea heals? when i interview people, they tell me no? >> it helps no one if i stay in this house and i can't function. it's important to be there. these children need to feel safe. they have to go to school, so we will find some way. we will. >> a writer in newtown and the wheelers moved out to newtown because she loved it so much. she actually had the family, came out for her and she's thinking about how she's going to as a writer -- sort of what story does she tell out of this eventually. i like that she thinks the town will heal one day. sometimes when you are there, it's not really clear. >> still ahead on starting point. from purged voter roles to lines

that were six hours long and accusations of voter fraud. florida has quite a mess on its hands and governor rick scott. a plan to fix it he says. now, the better you trade. so we have ongoing webinars and interactive learning, plus, in-branch seminars at over 500 locations, where our dedicated support teams help you know more so your money can do more. [ rodger ] at scottrade, seven dollar trades are just the start. our teams have the information you want when you need it. it's another reason more investors are saying... [ all ] i'm with scottrade.

welcome back, everybody. roland martin is here with us.

nice to have you with us. will cain from the blaze.com. we'll ask john to stick around as well. let's start with some stories making news outside of fiscal cliff today. what else do we got? >> still talking about newtown, connecticut. funeral services for more victims of the shootings there, vickie soto along with three of the sandy hook kids. daniel barden, caroline previd sxinch charlotte bacon. the parents of dwrgrace mcdonne spoke to anderson cooper about their daughter. >> she was the light and love of our family. truly a special, special little girl. she loved her school, sandy hook and this week i was telling somebody, she had a stomach ache one day and i said why don't you stay home with mom? and she said no way. i have too much fun there, and i don't want to miss anything. >> they are comforted grace was in the sandy hook school, a place she did love so much when

she died. thousands of fans expected to gather today to celebrate the life of mexican american singer jenni rivera. a memorial at gibson amp amphitheater in los angeles. gibson and six others died in a plane crash earlier this month. liftoff. international space station three newest crew members happened about 15 minutes ago. an american, a russian, and a canadian blasted off in the soyuz aircraft. we'll join the three men who are already on board the space station. look at this video a mudslide near everett, washington, knocking seven railcars off the tracks, all caught on tape. the 75-foot mud stlooid was caused by a rain-soaked cliff. examiners were going to examine

the cliff right after the 66 car train passed through. timing is everything. the presidential election was on november 6th. the winner announced late that night. florida didn't declare a winner until four days later, and just this monday it handed off officially its electoral college votes. this monday. that's partly because of images like these. people who waited in line for up to six hours to cast their votes across the state along with voter fraud, allegations voter purge controversies and much more. rick scott, governor of florida, hoping change that. thank you for your time. what changes are you proposing? >> thank you, soledad. have you done a great job with compassion, thoughtful coverage of the tragedy in connecticut. you just -- i mean, you can't imagine that happening to your family or your community, so i just want to thank you for that. >> appreciate that thank you. >> but going to the voter --

look, people are frustrated in our state. some of our counties, we have very long lines, you know, we've got to reach a confidence in our election, i asked the secretary of state to sit down with supervisor of elections. some are republicans, some democrats and get feedback. what went wrong? why did we have long lines? why did it take them so long to get results to us? we compiled them at the state, basically the supervisor of elections give us. we need to have bipartisan legislation that deals with three issues. the one is the length of these ballots. we have -- i have the ballot from miami-dade. 12 pages. 12 pages of ballots. this took some people 40 minutes to get through. so we've got to deal with the length of our ballots and local issues, state issues, and it was just too long. >> there are -- >> secondly, we need more

flexibility. >> go ahead. more flex iblgibilityflexibilit. >> one, we need flexibility in the size of polling locations and we need to look at the number of days of early voting we had. how much of a blame do you hold in this -- or do you hold yourself accountable for? people blamed you very vociferously for not extending early voting. you look at polling, quinnipiac, does governor scott deserve a second term. 52% say no. and in your own party, more than half say they would like another candidate to challenge you. you are suffering the consequences of some of the things you could have changed. >> well, soledad, i complied with the law. we had an election bill that was passed my first year in office by the legislature ample proved by the justice department, so i complied with the law and when

are you governor, you have to comply with the law, that's what i did. we do need change. we need to have a bipartisan group come together, republicans and democrats and say we have to improve this, restore the confidence of all americans in the election process in florida. >> can i ask you a question? off of this and turning to gun control, which obviously you have been talking about for days now. you have an "a" rating from the nra and the nra says they will offer meaningful contributions in the wake of this terrible tragedy in newtown, connecticut. what do you think they mean by that? >> well, i think the right thing, we ought to do is do what you have been doing, respect these families in this community, second, what i've done in the state is ask every one of our schools to go back and let's look at safety precautions and make sure every parent feels comfortable. i mean, i talked to families up in connecticut, and i talk to families around florida. some of them were very -- they

really had to think about sending their child to school this week. so that's the next thing to do. there will be plenty of time to think about if there is something we ought to deal with. mental illness issues we ought to deal with. things like that. what would you support in terms of legislation in it comes to that? do you believe there should be stronger gun laws? well supported by the nra and how far would you he will willing to go? >> sure. as you know, i support the second amendment. i believe -- >> me too. >> what i want to focus on right now is the families, make sure our states, our schools are safe. in our state, we have a 41-year low on the crime rate. we're doing the right things in our state. whenever anything happens like this, let's step back, say what can we improve? >> well, you know, i understand that people often say that in the wake of a tragedy, let's wait, and i actually think i've covered enough of them that, you

know, we'll wait until we bump up against the next tragedy and there will be one no, doubt about it. i guess i would like to hear from elected officials what are you willing to change? your daughter, you have talked about her, she's a teacher. is your answer let's arm the teachers? some have proposed that. is your answer let's not make semuautomatic weapons available -- the rifles, long guns available? do you think background checks should be instituted. right now, somebody can be mentally ill and it won't show up in a background check or a conviction for domestic violence and still get a gun. where does it start? what are you comfortable doing? >> right now, what we ought to be doing, let's talk about all of the issues and think about what we can do to improve it. but here is what i think. one, i have been to the law enforcement funeral desk in our state. and the heart goes out to those families. and afterward, you say what can we do to improve? in florida, we're doing the right things right now. we're at a 41-year low in our

crime rate. i always want to sit back and say, okay, what could we do better? that's what i want to think about with this. >> okay. i think with all due respect, are you not going to answer my question, because i guess -- i just want you to tell me what you would be comfortable to support, and i get it, it will be part of a conversation, but i think there have been a number of things on the table and i don't feel like you're telling me, you know, should people not be able to buy high-capacity magazines? what are you willing to say would be a good start, that would you bring to the table in any conversation about gun control? >> well, you know, my focus is, one, respect the families, mourn their losses, make sure our schools are safe, and then start the conversation and listen to the floridians. what i do every day is travel the state, almost, pretty much every day, and listen to floridians and get their ideas and then come back, based on those ideas of what we can improve. >> well, i hope it all goes --

all those conversations turn into meaningful conversations before i get to go out and cover another tragedy of which we've now done a bunch of them. >> i can't imagine this happening to our families. >> my goodness, no. governor rick scott, governor of florida, thank you, sir. appreciate your time. still ahead, 2008, look at statistics in japan, they had 11 gun-related murders. the u.s.? 12,000. shouldn't we look at other country's gun policies? it's lots of things. all waking up. ♪ becoming part of the global phenomenon we call the internet of everything. ♪ trees will talk to networks will talk to scientists about climate change. cars will talk to road sensors will talk to stoplights about traffic efficiency.

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so as the nation is considering tighter gun control laws in the wake of the school shooting in newtown, connecticut, we wanted to talk about what other countries are doing with their laws, for example, japan, which had just 11 gun-related murders in 2008. the united states at the same time had 12,000. christi christiane amanpour has been looking into this. governor scott was not willing to lay out anything that was reasonable or rational. >> it was remarkable that politicians like that were not willing to give you an answer after many, many attempts. and all you wanted was an answer. other countries have faced some similar incidents in 1996 in scotland, children the same ages as those in sandy hook were massacred.

16 children were killed, and today they are lighting candles for the children being buried. they have done more than that. the government took on what were already tough gun laws and strengthened them. they banned the easy access to handguns and put in a buy back scheme and backed that up with penalties and fines for any violations. the fact is, that worked. it didn't not work it worked. there is a cause and affect, and the crime, while it sort of stayed somewhat stable for the first couple of years after that, between 2002 and 2011, that gun-related crime went down 4%. in 1996 in australia, there was a mass murder. after that, the australian government banned the possession of semiautomatic pistols and rifles, similar to those used in sandy hook and other u.s. massacres. that also worked.

the number of gun-related krimds plu crimes plummeted and before the 1996 massacre in australia, there were some 13 massacres and about 102 people killed. after those gun laws were enacted, after the massacre in 1996, there has not been a single such incident. these are allies of the united states, not soft countries. these are countries that go to war, stand by the united states and have seen the crime and have taken political action to limit it. in japan which you just mentioned, u.it's a different situation. they actually banned the private use of handguns, you can't buy a shotgun. you can basically buy an air rifle. even offduty police officers cannot carry guns. in order to have your basic air rifle, you have to have a skills test, you have to have a license, you have to have a drug test, a mental evaluation, and

you have to have police background check, file with the police, all sorts of fines. in 2008, there were 11 gun-related deaths, half the number of young children killed in sandy hook elementary. and there were 12,000 gun-related deaths in the united states at the same time. it is not brain surgery. it is not brain surgery. have you interviewed many leaders, i interviewed senator manchin on monday and started this national debate of sort of shifting the parameters. a proud member of the nra, proud member of the second amendment upholder. but he said this changed me. we have to bring everybody to the table. bring nra to the table. let's have sensible laudible la. >> they said they want to make meaningful contributions. what does this mean? >> it' >> my position is inherently

vilified. i want to explain why those analogies to other countries are what inappropriate. the relationship that they have with their government is fundamentally different. and the second amendment, and you asked why it was invoked, designed to be a protection against tyranny and designed to protect pol pots of the world. we'll never accomplish a ban. we'll never have a uk -- >> let's talk about that. people are talking about a sensible conversation. >> can i pause for one moment? >> this is the kind of thing that we're not allowed to chat about and we should. >> you mentioned the second amendment and everybody refers to it. let's read it first. here is the second amendment, literally what it says, a well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed. >> it has nothing to do with hunting or personal self-defense.

these people had just beaten the british and enshined the ability to ton have civilian protection. that's why we're different. >> but this is -- this is -- this is the fundamental problem i have with that. and i get it, i understand historically how we came to that point. but i'm not trying to fight the federal government. i'm not trying to grab a .9 millimeter and say i don't want a federal trooper coming into my home. we have to reach a point in this country when you have -- we have folks who say let's don't have back ground checks, let's not have checks at gun -- at gun sales on the weekends and i've gone to those. i have covered those, and at some point, when you look at 12,000 people being killed annually by guns, when you see not just sandy hook, what happens in chicago, 24 hours after that took place on friday ten folks shot in chicago. at some point you've got to have some kind of control. >> i'm going to let christiane respond to me. >> it's not brain surgery anymore. the question really is, are

these children going to have been slaughtered in vain? these weapons, soledad, are used on battlefields. i have seen children like that slaughtered frin syria. it should not be happening on the streets of the united states. the second amendment does not infringe on the right of hunters. joe manchin said to me, i don't need high capacity magnets, i don't need assault rifles. >> when you say -- so is your issue in the second amendment the word infringement? any law at all that would prevent somebody -- it's two lines long. it's not long. >> not any weapon. the answer is not any weapon. sooner or later the principle abuts against efficacy. that's what i was trying to say to christiane. absence and absolute ban as such they have accomplished in japan. absent that, when you say we're

just going to limit assault rifles, i assume that's one of the things you concentrate on in a sensible regulation. what we're talking about specifically in incidents over the past week are premeditated psychopathic killers who will find the weapons they need to perpetuate these crimes. they're like a drunkard. >> you just brought up -- >> almost finished with the point. if you outlaw whiskey will you -- >> perfect analogy. mothers against drunk driving many years ago took this on. it was considered cool. a nudge and a wink. you have a couple of beers. you have a shot of whiskey. you get behind a wheel and you're in a killing machine. it's changed. smoking has changed. >> will, you say this guy. we know the killers in columbine, they got their gun in a way that they didn't have to go through a weapons check, a background check. there are examples of all this. when you look at overall crimes

that are caused by those long gun assault weapons they're 2% to 8% of violent gun crimes. >> the truth is then we end up having these conversations around something that amounts to 2% of the gun violence. if you really want to make meaningful reform, handguns make up 50% -- >> >> what are you willing to see? >> i'm suggesting you need to tie the law you're proposing to making actual improvements. i would suggest to you -- >> will, let me -- >> right now if we're going to have a conversation about assault rifles -- >> it's not just assault rifles. it's semiautomatics. it's military style weapons. >> a law that says that somebody who is mentally ill, if it turns out that he is -- >> he got it from his mom. >> he's not allowed to have access to weapons. a law that says people have to lock them up. >> what does that mean? he got it from his mom. how would you have stopped his access to this weapon? not sold it to his mom? >> this is the one mistake we make. it is asked if there is no

starting point. i think when people say let's have a starting point, let's ban assault weapons. it's not a question of, well, it's only 2% to 8%. okay. fine. let's deal with the 2% to 8%. then move on. when you can't even start, that's the problem. >> talk about the 80%, the handgun violence. there are people who have convictions for domestic violence who can go buy a handgun. doesn't that seem strange? >> that is an extremely more meaningful conversation i would love to have. to roland's point in talking about assault rifles what i suggest to him the law the president, john, is considering would do nothing to stop the things that perpetuate this conversation in the past week. >> then we should push them on that law. >> i would agree with continuing the conversation. >> what law would have stopped adam lanza? think about that. >> what law will reduce the numbers overall. at the end of the day adam lanza is the tipping point. lots of people are killed all the time with guns. it is not just about the victims. it's about a lot of victims.

up next, we're going to talk to "time" magazine about their person of the year who's just been announced. president obama has been chosen. we'll tell you why.

this is just into cnn. moments ago, barack obama, president of the united states was named "time" magazine's person of the year 2012. he was also the person of the year 2008. the magazine's editor says we are in the midst of a historic cultural and demographic changes. obama is both the symbol and in some ways the architect of this new america. in the next hour we're going to talk to michael scherer who wrote the cover story for "time" magazine and why they've chosen the president to be "time" magazine person of the year. state department under fire in a blistering new report about systemic failures that led up to the attack on the u.s. consulate in benghazi. details from a new and scathing report is just ahead. blizzard warnings for this morning for the midwest. snow is already falling in denver. we'll tell you what you need to know if you're traveling. know if you're traveling. back in a moment. -- captions by vitac -- www.vitac.com

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street. is this a sign there's growing support for stricter gun laws? snow coming to denver right now. and this winter storm could be headed your way. what you need to know about the dangerous conditions coming right up. still ahead this hour we'll be talking to oklahoma congressman tom cole, south carolina congressman tim scott. now oklahoma senator almost actor brad garrett joining us as well. writer from "time" magazine behind the new person of the year which is president obama for the second time. it's wednesday, december 19th. "starting point" begins right now. welcome back, everybody. our team today is attitude by jim frederick. international editor for "time" magazine. a little announcement a moment ago about the "time" magazine person of the year. roland martin, cnn political analyst, host of "washington watch" with rowland martin on tv

one. will cain. john berman sticks around. our starting point is the state department. have you read this report? did you read this report on benghazi? oh, my goodness. it is absolutely devastating slamming the state department for the september 11th terror attacks at the u.s. consulate in bengha benghazi. an independent panel released this report. they find this. systemic failures at the state department led to the attack that killed the ambassador chris stevens and three other americans. panel also calling security in bmbengbenghazi grossly inadequa. requests to beef up security were ignored by leaders in washington. in the aftermath there was a lack of transparency, responsiveness and leadership at the senior levels in washington and libya. right to our foreign affairs reporter elyse labbit. she's in dc this morning. what is the most stunning thing to come out of this report this morning? >> reporter: i've read a lot of reports over the years.

while it doesn't name specific names it's pretty tough, scathing on the leadership of the state department. particularly the dimmplomatic security personnel and the near east affairs bureau saying basically they missed all the warning signs. there were a lot of attacks leading up to 9/11. they were basically not taking into account the defeterioratin security situation on the ground. >> what happens in the wake of this report, then? >> reporter: well, the report comes out with 29 recommendations. that they want the state department to start working on. let me give you a few. first is to strengthen security personnel for these high threat posts. one of the problems is that the consulate relied on this temporarily inexperienced staff. and also local militias that were not up to the task. the panel also called for tighter security standards, for facilities and security upgrades if necessary. and a review of fire safety procedures. if you remember, it was smoke inhalation that killed

ambassador stevens and shawn smith when that safe house was set on fire. and the state department, the report said, needs to plan for fire as a weapon these days. also in-depth checks of the threat environment. as i said, a big criticism is that the state department failed to recognize the really tanking security situation even in the face of these attacks on other western targets. and, lastly, soledad, congressional support for shrinking budgets for security was cited as a major problem. secretary clinton says congress has to support them with the money. >> anybody who wants to read this report it's so worth taking a look at. it really spells out from sort of top to bottom what went wrong. a devastating report. thank you. right to congressman tom cole. he's a republican from oklahoma. thanks for being with us, sir. lots to talk about. we'll start with this report that e elyse was just saying. what do you make of it? the read to me is just -- it's

crazy, the failures on a lot of levels. >> it's a very damning indictment of state department performance. obviously that's an administration responsibility. look, we lost four great americans here. we had adequate warning. we clearly didn't do anything to respond to the warning. i don't think we did a good job, you know, during the incident itself. and i think we've been less than honest up to this point with the american people. but this report is at least a step in the right direction. it's putting the facts on the table. there's obviously some things that ought to be done. in the end this is on the president and secretary clinton's watch. they bear a measure of responsibility here. >> the figure is absolutely clearly pointed at the state department. also pointed in some ways, sir, at congress. they reference the spending cuts that congress has approved and sometimes championed as being part of the problem. there's a context of nobody wants to spend money. so you have this mission that is

at the bottom of the totem pole. they're not going to get funded at the end of the day. >> when you're running trillion dollar deficits, i understand people looking for money. look wk you're right about that in terms of where you prioritize it. there's usually a lot of latitude within the state department budget about where they put resources. giving the state department less money doesn't mean there's less money for security. it means maybe they should reprioritize where they're putting some of their dollars. i suspect that's what should have happened in this case. look, there's clearly a lot of blame to go around here. at the end of the day, you know, if there was insistence, if there was a recognition of the danger, there clearly wasn't. if there was a specific request for libya it probably would have been entertained. no such request came to congress. the administration is responsible here. that's what the executive branch does is run these departments. and in this case, frankly, they failed and it had tragic consequences. >> the report also says there was no misconduct, no one

willfully ignored their duty. the board did not find any individual u.s. government employee engaged in misconduct, willfully ignored his or her responsibilities and there are did not find reasonable cause an individual breached his or her duty. it's kind of wordy. bottom line, it's more incompetence than intentionally trying to undermine the duty of that particular mission. >> i have no doubt nobody intended for this to happen. but to say nobody is responsible is something else. it's negligent. nobody sat down and said how can we rig things so something like this terrible thing would happen. of course they didn't do that. i think when you don't say somebody was responsible, there were all these failures. it was a terrible situation, but nobody was responsible. that doesn't square with the facts. somebody's responsible. somebody didn't get the job done or didn't send the word up the chain of command or what have you. you got to accept that. >> the report kind of says everybody's responsible. i'm sure you know it like the

back of your hand. >> that means nobody's responsible. come on. at the end of the day, somebody has line item responsibility for security in the state department. and they, by the way, are responsible to somebody above them either at the deputy secretary or secretary level. they just didn't get their job done in this case. it's not like we have a whistle blower out there that was saying, my gosh, we're in a terrible situation. they were ignored. they just didn't do the job. somebody is responsible. i don't think it does -- it's not very helpful to say we had a terrible thing happen. we had plenty of warning. we should have avoided it. but in the end nobody was responsible. how can that possibly be the case? >> i got to tell you, this report is just stunning. let me turn for a moment if i can, sir, to the fiscal cliff. a couple proposals and counterproposals on the table. the president upping his number to $400,000 as the threshold to raise taxes. we also know technically social security would be changed by what they're, you know, sort of putting on the table on that front as well. what do you make of these

proposals at this point? >> you know, i think the two sides are still a ways apart. we're going to have some legislative action to help define the differences. at the end of the day if you look at where both sides were friday and where they were yesterday morning the differences are narrower in the last 72 hours. it doesn't mean we've got a solution. we don't. opportunity mean we're imminent. i would say they're moving toward one another. there's been concessions on each side. obviously we want to extend all the bush tax cuts if we possibly could. there's a recognition we're not going to be able to do that. that's in the speaker's proposal. there's also revenue on the table. that certainly wasn't the case earlier. more revenue now than there was in the initial republican proposal. frankly, you know, an extension of the bush tax rates for more people by the administration. again -- >> do you feel -- >> i'm not going to tell you it's done. i think there's been movement in the right direction by both sides. >> how do you feel about the chained cpi proposal that's now on the table.

>> i'm very much in favor of that. to save these programs, there's simply not enough revenue. if the president got all the revenue he asked for we would still have terrific problems with medicare, medicaid and long term social security. these are minor adjustments. they're things people will hardly notice. they add up over a decade to a lot of money. will he take some political heat? sure. i think everybody's going to take political heat on all sides of this. i'm frankly to see that idea on the table. happy to see the administration entertaining it. >> congressman cole talking with us this morning. thank you, sir, for your time. we appreciate it. john berman's got a look at other stories making news today. >> another day of grief filled good-byes in newtown, connecticut. sandy hook schoolteacher vicky soto is being laid to rest along with three of the littlest victims, daniel barden, carlin pri veidi and charlotte bacon. jack pinto's parents met with their son's idol, giants wide

receiver victor cruz. the newtown tragedy sparking a gun control push from the white house. president obama has tapped vice president biden to head it. the president will deliver a statement at 11:45 a.m. eastern time at the white house. meantime, the nra is breaking its silence on the school shooting. the gun lobby says it will remain quiet out of respect for families. it is now pledging to make what it calls meaningful contributions to put a stop to mass shootings. with just 13 days left before we go over the fiscal cliff, house speaker john boehner, they're inching closer with president obama to reaching a possible deal. you heard tom cole say it a moment ago. though at the same time speaker boehner is sort of proposing an end run around the white house. he's calling it plan "b." he's pitching to the house a tax increase on families earning $1 million and up. his plan would not stop the sweeping spending cuts to defense and domestic programs. the white house is already shooting it down saying it has no chance of passing the senate. the president for his part wants to raise taxes on families

earning $400,000 a year and higher. that's a change for him up from $250,000. he is right now proposing $930 billion in spending cuts. a massive winter storm stretching from colorado all the way to the upper great lakes expected to cause dangerous blizzard or near blizzard conditions today. going to look live right now at denver where snow is falling pretty hard. you can't even see it. blizzard warnings in effect in the central plains. visibility at times will drop to less than a quarter mile. forecasters expecting 6 to 12 inches of snow in some places. the real problem may be the winds. 50 mile an hour winds in some areas. he won the election. that wasn't enough. president obama is "time" magazine's person of the year. the reasons "time" cited that he won despite higher unemployment than anyone's faced in 70 years and that he is the first democrat in a long, long time to win two consecutive terms with more than 50% of the vote. the last guy to do that was fdr. the president was also named "time's" person of the year in 2008. other possibilities, "time"

says, malala yousafzai, the young crusader shot in the head by the taliban. she was the first runner up. in a few minutes we'll talk to michael scherer who wrote the cover story for "time" about why they chose the president as the person of the year. big year for the president. wins the presidency. >> and on the cover of "time." still ahead on "starting point," south carolina congressman tim scott has been selected to replace the outgoing senator jim demint. tell you how he's making history when we talk to him ahead this morning. brad garrett of "everybody loves raymond" fame is here to talk about his new movie called "not fade away." soprano fans should love this movie. if you are one of the millions of men

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welcome back, everybody. new this morning, president obama is "time" magazine's 2012 person of the year. a little deja vu. you might be thinking wasn't he person of the year before? yes. in 2008. michael scherer is the white house correspondent for "time" magazine. he wrote that cover story as well. nice to see you. i got to tell you, i thought mama -- malala yousafzai was going to be it. i know she was first runner up. why did the president win the honor finally? >> he won in 2008 because of the promise of change and because of the election he'd just run. he wins in -- he is person of the year in 2012 because of the change he has brought to the electorate. changing a new governing coalition. now that we know it was actually a real thing, it was not just a passing phase in 2008. for changing the way we run campaigns. campaigns will never be the

same. the idea of a grassroots campaign is very different than when obama first arrived on the scene. and really changing the whole policy direction of the country and the national policy conversation. there was a real question over whether the american people were happy with what he did in the first four years. it's clear now that a majority of the country was. and clearly the election has already had a significant impact on the conversations we're having here in washington. it's now a certainty, for instance, that taxes are going to go up on the wealthiest americans in some form in the near future. had he not won, that just wouldn't have been the case. >> that's so interesting. it sounds like you're saying he won because of literally the logistics of the election. you know, kind of how that was rolled out versus something, i think, in 2008 it was much more sort of a symbol of where america is at this point. >> yeah. i would -- i would just say, there are a lot of logistics involved in that. but the key here is that he was at the center of it. if you talk to both democrats and republicans about how this

race unfolded, they will both tell you that the defining fact of this race from the beginning was there weren't that many people, there were a lot of americans who were unhappy with what has happened over the last four years. were disappointed in the president's performance. but there weren't that many americans who didn't trust him. so this election ended up being run about him. the grassroots outreach, the people who turned out to the polls, they were turning out for him. a different name at the top of the ballot would have had a different result. it's not as if just sort of the math and computer programs did this. one of the questions going forward is whether the next president or the next nominee for the democratic party will be able to continue this coalition. it's really not certain at all right now. >> michael, this is will cain. i'd love to talk about your runner-up. we both thought malala was a pretty potentially good pick. tell me the debate you had. what did you think about her? how did you put that through kind of your analysis?

>> malala is an excellent pick. a 15-year-old who really has become a symbol and activist to really change the conversation about women's education in pakistan. you know, not only was she brutally shot, but after her shooting she has continued to remain a very public presence, continued to be an activist, has said she's going to continue on this fight. with this sort of intersection we have four or five people in the magazine. you have a wealth of options. the person of the year goes to that person who has the biggest impact on the news. for good or bad. over the previous year. and has the potential to have the biggest impact going forward. i don't think anyone should see it as really a competition that takes away from malala. >> i kept saying someone wins. i'm saying that in error. i know it's not an election or something. >> i can talk a little bit about malala. jim frederick here. how you doing? i think one of the issues with malala is that she's a hero and

she's a great pick. but she rocketed to global fame for better or worse because of something that happened to her. a terrible shooting, a terrible tragedy. she's now in a position where she has ultimate potential. she now has the platform. she has a ton of money coming in. under the guidance of her father she can architect real change. but part of the issue of the choice is it has to be somebody who had real tangible impact in that year. and is also a potential choice. so we expect big things from malala. we're really optimistic about her future and we love her. but that was one of the things holding us back on malala. >> will and i were talking about that. she's missed her year. actually she's positioned herself -- >> she's almost pure potential. >> also potentially for a nobel peace prize down the line. one person who potentially could have been person of the year. chief justice john roberts. that decision he made played a huge role in the affordable care act. >> it's historic. >> very much so. >> we're completely out of time.

but does it annoy you when later everyone sits around and armchair quarterbacks for you? >> no. this is why we do it. >> who's the greatest basketball player of all time? it's the best arguments. >> let him answer. >> no. of course this is going to happen. i would say for john roberts also someone who was definitely there in the conversation. this next year is going to be a huge year for john roberts. i don't think roberts' mark will be defined by what he did in 2012. >> michael, thank you very much. i appreciate it. . we got to take a break. still ahead, going to talk about gun sales. they're up. gun stocks, they're down. what does that mean? does it signal a change in how people feel about weapons after the newtown massacre? that's straight ahead. car insurance companies? yes. but you're progressive, and they're them. yes. but they're here. yes. are you...? there? yes. no. are you them? i'm me. but those rates are for... them. so them are here. yes!

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welcome back to "starting point." new this morning the era of government motors will soon be over. treasury department says it will completely out of its investment in gm in the next 12 months. gm is buying 200 million shares of stock back from the fwovt starting today through the end of the year. gm shares up big this morning, 7% in premarket trading. last week you'll recall treasury sold the last of its aig stock. treasury department trying to unwind those unpopular but in some cases profitable bailouts. on the heels of the tragedy in newtown gun sales are up. but gun stocks are down. shares of smith & wesson down 19%. stern ruger and company down 19%. the retailer cabela's stock has suffered. it's been ten years of pretty brisk gun sales. the fastest growing part of the

business, military style semiautomatic rifles. smith & wesson sales in the second quarter were a record. bi bushmaster, it has a quarter billion dollars in profit for its parent company last year. as you know the big investment firm that earns the maker of the bushmaster rifles is now selling that company. wants to sell its stake in that company. >> i think it's going to be very interesting to see the number of people who look into where their investment money goes. we talked about the california teachers realizing they were invested in something that ultimately -- >> new york does, too. they're reviewing investments. we talked to the comp controller for the state and city. they are reviewing those investments. they also say there's a small part of their overall portfolio. you look at vanguard, the big 401(k) companies. you could very well have your 401(k) at least partially invested in some of these companies. they are in some of the indexes. >> they claim it's a small part. the reality is those teacher

retirement systems are huge players in this industry. i criticize them about rap music as well. >> that's so fascinatie infasci >> index funds by definition. >> california said yesterday they were hearing from teachers like mad in california who did not like that. >> where is your money invested? you should know. still ahead this morning on "starting point" we're going to be talking to south carolina congressman tim scott. he's taking outgoing senator jim demint's seat. we'll tell you why his appointment is making history in the senate. ♪

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welcome back, everybody. this morning we've been talking about the fiscal cliff, the future of paying more taxes. all that up in the air. if republicans find the votes to pass plan "b" it would be on

those who make more than $1 million. the new senator from south carolina received very high praise from outgoing senator jim demint. >> i can walk away from the senate knowing someone is in this seat that is better than i am. that will carry that voice of opportunity conservatism to the whole country in a way that i couldn't do. >> congressman tim scott joins us this morning. nice to see you, sir. congratulations on your new position which i guess you'll take on january 3rd. you make history on a lot of fronts. you're the only black senator right now when january 3rd comes. you'll be the first black senator from the south since reconstruction. the first black republican senator in 34 years. nikki haley said this when she named you to the position. listen. >> it is very important to me as a minority female that congressman scott earned this

seat. he earned this seat for the person that he is. he earned this seat for the results he has shown. he earned this seat for what i know he's going to do in making south carolina and making our country proud. >> i was watching that. i thought, of course he earned his seat. you know, you have very steady, you know, conservative credentials. what do you think she meant by that and why say earned four times? >> well, i would first say feliz navidad, soledad. the fact of the matter is i think we want to make clear that this is an amazing nation. we have great opportunities. and if you work hard and you have faith, great things are possible. and coming from a single parent household for me, i look towards the future and i say to myself, how can we impact this nation and keep the american dream alive for the next generation? and that's what we're trying to build. a better community for all based on our credentials and the way that we take care of the public trust. >> you know, anybody who knows

your story, you have a remarkable story. you know, ninth grade you were getting out and dropping out of school. now you really are the picture of an american success story. i guess i didn't understand when she said, he's earned, he's earned it, he's earned it. is there some messaging that somehow because you're black you didn't earn it? >> i would say ask the governor. i think the governor went through a very strong matrix to come to her conclusion. perhaps she was just trying to re-emphasize the necessity of going through that detailed process to come to a conclusion. i'm simply excited that i have an opportunity to represent all of south carolina and to have an impact on this nation. >> jim demint used to talk to us a fair amount on this show. i hope you'll follow in his footsteps on that front for us, at least. keith boikin said, trust me, tim scott is not your grandfather's black republican. my grandfathers weren't from this country. i'm not sure what he means by that. what do you think he means? >> i haven't a clue.

i know that my grandfather is 92 years old. and he has seen this country evolve in amazing ways. he looks at south carolina and he says, wow. what an amazing state that we have the blessing to live within because of the evolution. south carolina is a great place to be from. we have an opportunity to continue to work together to build a better country. that's what we should focus on. >> what do you think the gop struggles so much with people of color? you know. i don't need to tick off what president obama won in the recent election. if you look at what the gop won, supporters mainly older and white and male. >> well, i think what we have to continue to do is make sure that we work through the process of marketing the ideas that we represent. i believe that america is still very much a center right country. and so what we have an opportunity to do is walk into new places and new territories and simply say that the plan is clear. the way forward is clear. and market ourselves effectively in new places. >> you know, some people would

say, well, the indication from the election would be that the nation is not a center right country. and that, in fact, you know, marketing is not the issue. it's actually less about marketing and more about sort of the substance of some of the proposals. you know, what are specific proposals that you think are going to be things that change the game in getting more support from minorities across the board? >> i think what we have is truthfully the start of the entrepreneurial spirit. it's worked incredibly well in south carolina. we have lots of jobs coming to our state. i think if we look at the opportunity to build a better economy, we can ask the question and answer it well. how do you build a better economy? and the answers are the pillars beneath it. things like education is a part of it. we need to work on the ability to focus on the task at hand. we have to make sure that people understand how to create the business plan, how to put it together, how to put it to work. as a small business owner for the last 15 years, when i think of what truly changed my life,

it was my faith, a strong family, my mom did a really, really good job of encouraging me in very clear and disearnacee ways. at the same time i had to go to work. i had to have the work ethic that was necessary. americans have a strong work ethic. we need to bring all the pieces together to form that opportunity going forward. i think if we do that as a nation and as a party we will start winning the elections that are necessary to include the presidency in the future. >> i want to is you a question about the nra. you're a member. so i assume you're a gun owner. when they polled the nra it was really interesting to see some things that people said. 74% of nra members said concealed carry permits should be only granted to applicants who have completed gun safety training. 68% said only applicants who don't have prior arrests for domestic violence. only granted to applicants 21 and older. the list goes on and on. i'm curious what changes do you think should be made in the nation's gun laws if any?

you have co-sponsored a deal that would keep the department of justice from knowing if someone bought multiple guns. you've co-sponsored a deal that would allow gun dealers to sell weapons across state lines. where for you is the line if there is one for -- for change that would, you know, keep something like newtown from happening again? >> well, i think the solutions are not necessarily in new legislation. perhaps the solution starts with us examining the mental condition of the person and the persons in the past that have had the desire to create the atrocities that we've seen recently. mental illness should be a major part of the conversation going forward. we should also look at an opportunity for us to engage this entire culture of moral decay and violence. when we start looking for solutions as the response of a crisis, i think we're starting in the right place. if we draw conclusions quickly, we may draw flawed conclusions.

so my hope is that we'll give ourselves the opportunity -- i know i've heard lots of conversations about what we'll be facing in the 113th congress. i look forward to having that debate as we move forward. >> tim scott joining us this morning. congratulations on your new appointment. we'll be sure to be talking to you over the next year. but as a senator. thank you, sir. appreciate your time. >> the question was right on. what african-americans and minorities can't stand is when you have to qualify qualify. the bottom line is there was no need to say he earned it four times. obviously he did. that's part of where the criticism comes from. >> he has great credentials. it was like too earned. >> i know what that comes from. it's, okay, i need to convince you guys this black guy really earned it. yes, he did. >> what i want to say, she was probably also responding to the comment or potential comment that you picked him because he's black. because the republicans need a black face. she's saying, no, i picked this guy because he's extremely impressive. >> she said no as a minority female myself, let me try to nip this in the bud and make it clear.

it's unfortunate you have to -- >> it happened one time. when you say qualified, quay ei qualified, unnecessary. a massive winter storm hitting denver, colorado, right now. this is a live look. see snow falling pretty hard right now. storm stretching all the way from colorado right there with the flakes blowing nicely through those christmas lights all the way to the upper great lakes. expected to cause dangerous blizzard or near blizzard conditions today. winds the real problem. forecasters expect 6 to 12 inches of snow. winds could reach 50 miles an hour in some areas. prosecutor says a terror suspect arrested last month planned to attack several new york landmarks. prosecutors say the florida man targeted wall street, times square and manhattan theaters trying to avenge deaths in afghanistan by u.s. drone attacks. senator daniel inouye will

lie in the capitol tundra tomorrow. funeral services set for friday. a world war ii vet who received the medal of honor died monday. the last word he spoke was aloha. >> his life story is so -- >> amazing. >> -- amazing. people should literally go and google that right now. >> his medal of honor, his arm was blown off. the hand was holding a grenade. he pulled the grenade out of the hand and then threw it. that guy is a hero. >> hard core. >> hard core. all right. instagram now responding to insta backlash over privacy terms that stated instagram can basically use photos and ads and sell them without your permission. facebook bought the site for a billion dollars back in april. instagram now says updated terms of service will be out in 30 days. yes, they will. they appear to be backtracking a tiny little bit. >> might not want to wait 30 days. maybe 30 minutes. >> people are leaving instagram like crazy. >> it's crazy.

>> 30 days? >> you have to look at these. she was caught red handed with the goods. police in central florida believe an 8-year-old girl is responsible for stealing packages left on doorsteps. >> look at her sneaking up. >> neighbors in claremont, florida, annoyed they weren't getting their packages set up a sting to catch the thief. they were surprised to find out it appears to be this little girl. now they want an apology from her and from her parents. >> wow. >> i'm sorry. >> her creeping up. >> where is she bringing the packages? does she have a storehouse somewhere? >> could your 8-year-old bring a giant box of a u.p.s. delivery? >> aw, diapers.com. >> she got a whole setup going. fine. >> seriously, that's terrible. that's terrible. it's just terrible. you're right. the little creeping. >> i'm sorry.

that's tun funny. ahead on "starting point" he played the disgruntled brother on "everybody loves raymond." now he's trying his hand at music at least on the big screen. his movie "no fade away." back in a moment. like a lot of things, trying to find a better job can be frustrating. so at university of phoenix we're working with a growing list of almost two thousand corporate partners - companies like microsoft, american red cross and adobe - to create options for you. not only that, we're using what we learn from these partners to shape our curriculum, so that when you find the job you want you'll be a perfect fit. let's get to work. santho, ho, ho!anta! santa! want to see some magic? watch this! merry chr... (crash) ow! i landed on my keys. did you get that? oh yeah. that was amazing. here you go. that was a fun trick!

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welcome back, everybody. the creator of "the sopranos" is back with a new movie called "not fade away." it tells a story of a group of new jersey teenagers trying to make it as a band during the 1960s. brad garrett is the actor probably best known for his role as big brother in "everybody loves raymond." he plays producer, songwriter the band thinks can make them stars. >> those are two of 20. i want you to learn them. play as many bars and coffee houses as you can. ensconce yourself here in new york. pay your dues. make your living from it. play seven nights a week. two shows a night. and then call me in six months. >> the movie opens this friday. brad garrett's with us this morning. nice to have you with us. great to have you. >> a little like an intervention. >> al roker. up and down with the weight.

>> i'm consistent. i'm consistent. >> fiscal cliff. are you into politics? >> well, you know, i'm a big mcgovern fan. look, this is what i'm saying. i don't want to get political. because i can't fit in the booth. i don't want to vote but i get in the booth and the head's psychopath shower. the people, like all of you, we all got a little dough. just pay it up. just pay it up. let's all go home for christmas. >> we could wrap up this whole tax thing. >> i'm like, you know what? let's help out. look, they're killing us now with the -- let's kick in a little more. you got all daddy's money. never worked a day in his life. he just calls mom every sunday. >> brad, i've been on this show for a year. you're the funniest yet. 100% the best. >> do you prefer doing comedy? do you prefer doing tv? do you prefer doing movies? is there a preference you have or

all of the above? >> which is a bigger check? >> whose show is this? who runs this? >> thank you. yes. thank you. >> she says that every day. >> is he still a reverend? i love doing stand-up. i love acting. you know, as long as -- hand madling. i used to hold the spoon for the hungry jack breakfast. and sleep. soledad, what is that? because i'm watching you backstage. that name is -- >> maria de soledad mar kwquez o'brien. my mother's cuban. my dad's australian. >> that's a lot of drinking. people are hitting it hard there. >> tell me a little bit about the movie. you have the sopranos creator and then, of course, james

gandolfini. how did that go? >> i'll tell you how it went. i'm going to be very honest with you. the movie is wonderful. it's kind of semiautobiographical about david chase -- are we going to commercial? >> no. >> okay. because i hear nancy grace yelling. i'm going to be honest with you, soledaddy. >> you're not the first to call me that. >> this interview -- >> going off the rails? >> not off the rails. fiscal cliff, i'm tell ing you. this is longer than i'm in the film. the screen time. >> did they cut all your lines? what happened? >> they didn't cut all my lines. revere reverend, tell her how it works. >> small check. >> i'm grateful, you know, to be on it. it was just -- it was a tiny -- a cameo, you know. >> would you like to do more,

then? does that mean -- does that mean that you'd like to have, like, a starring role in a movie? >> you know, every time mr. gandolfini was on camera i would just walk in front of him. i'm one of the few people who could eclipse the man. he's a big -- you're like his x-ray. have you met james? >> actually, we have met. we have met. actually, i think that you could really do more than vince vaughn does. you're funnier than vince vaughn. >> what the hell does that mean? >> i'm trying to get you new roles. >> who is he? i have a new show on abc called "how to live with your parents for the rest of your life" starring the wonderful sarah chalk from "scrubs." elizabeth perkins plays my wife. i did my first frontal. >> wait. >> didn't go great. >> wait. what? >> they wanted to pick -- >> first frontal. >> on network tv? >> of course, the black guy has to explain frontal.

you know, the other side. >> bros, we get it. >> i know you do. i know you do. it's really a fun show. it comes out on abc april 3rd after "modern family." i play sarah chalk's step dad. it's a wonderful story about frontal. no. sarah chalk moves home back with her parents after going through a divorce with her child. elizabeth and myself, we really love our home life and empty nest. we're the kind of parents like what are you doing here? how long will you be here? >> when are you leaving? >> any black folks on the show? just checking. >> no. no. there's one guy who kind of -- yeah. he's kind of like soledad's color. >> i'm just checking. >> it just so happens we have brothers on the show. >> okay. good. >> just checking. >> don't you guys have enough? really? >> no, actually, we don't.

>> happy hour. throw me a -- >> novak. >> turning to professional poker. turning sharply. like this. to professional poker. you just broke a record. >> i need you to bring it down a notch. unbelievable. who could he possibly be sleeping with? it's oz. okay. soledad. i like soledad. soledad. >> soledad. don't pronounce the last "d." >> soledad. but i say to myself, soledad. i know what's happened to tony, soledad. >> that's not bad. not bad. all right. we will continue -- >> not going to talk to him

about poker? >> i'm actually have to hit a break. >> nancy grace bumper? you can't give me 30 seconds? >> yes. we'll have you back for that 30 seconds on the other side. back in a moment. you're not leaving yet.

welcome back. >> that was the best massage. you have hands -- >> magic fingers. >> you have hands like -- >> i've been trying for a few minutes to get a question in about -- you're a poker player. >> i am. i'm not a very good poker player. >> you just won $100,000 or -- >> listen, soledad. you have to read the notes. >> and finally, you are a professional -- hang on. i'll read the notes. finally, you are a professional poker player. holding tournaments for charity.

you recently broke one record for you raising $100,000. how did you get to be so good at the game? >> okay. i have to tell you, she gave it a little rosetta stone. she started to -- she forgot she was on the mainland. you said i won $100,000. i raised $100,000 for this charity that i started a few years ago called the maximum hope foundation. >> oh, not by playing? >> what we did was people came and donated. and they had entries. we did it at the mgm hotel in vegas. >> you're a terrible poker player? >> i'm not that good. i have a bad tell. do you play poker? i have a bad tell. how would you explain it? >> you reveal your -- you reveal how you're going to do. >> it's a tick. it's a wink. it's a scratching your face. that was a sandra bullock movie. when i'm holding good cards i become a continent.

it's a bad thing. >> like a happy dog, sometimes. >> like a happy dog. i agree with that. anyway, i play poker. i love it. but i'm not very good. but i do it to raise money for the maximum hope foundation which is my passion. along with fuzzy things and shiny objects. >> nice to have you in to talk about your role in "not fade away." >> it's a wonderful movie with james gandolfini. he's in most of it. >> you're not bitter about that at all. >> not at all. he's fabulous. >> you're barely in it but you're selling the hell out of it. >> i'm proud to be part of it. you would love it. it's like -- you remember "house party." >> yeah, i do. yeah, i do. i know the guy who actually directed it. reggie -- you want me to call him for you? >> no. >> we got to take a short break. >> we didn't talk about my book. >> next time. brad garrett. short break. back in a moment.

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